Legal Information

Kids R Us respects your privacy like we care for your child, with care and caution. Safety and security is integral in everything we do, which is why we protect your family in person as well as your privacy online. And, we support every family’s situation fairly and equally because everyone is unique in their own way.

If you’re interested in learning more, you may read the following detailed information about your privacy rights, our expectations about acceptable use of our website and our policy against discrimination of any kind.

Kids R Us Education Privacy Notice

Kids R Us aims to protect your privacy online the way we protect your family in person, with care and caution. We understand the need to protect and safeguard your sensitive information, and we maintain strict standards and procedures designed to prevent misuse of that information. This privacy notice (“Privacy Notice”) constitutes an agreement between you and Kids R Us Education LLC and is part of Kids R Us’s Terms of Use.

This Privacy Notice explains the categories of information that we collect, how we use that information, and how it applies when you access or use our websites, mobile applications, and services, both online and offline (collectively, the “Site”). Your privacy is important, and we encourage you to read this Privacy Notice carefully to understand how we collect and use your information.
Consent. By accessing this Site and  submitting information to KinderCare, you consent to this Privacy Notice and the collection and use of information as described herein. We will take reasonable steps to notify you and confirm that you agree at different stages of collecting your information. If you do not agree with our policies and practices, you may not be able to access or benefit from certain portions of this Site.
Personal Information. As used in this Privacy Notice, “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device, such as:
  • identifiers (e.g., name, address, telephone number, email address)
  • sensitive Personal Information (e.g., state identification number, insurance information, financial information)
  • protected classification information (e.g., race, citizenship, marital status, medical condition, sex, veteran or military status)
  • biometric information (e.g., biological characteristics, behavioral, fingerprints)
  • internet or other similar activity (e.g., browsing history)
  • employment-related information
  • Nonpublic educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)
  • commercial information (e.g., products or services purchased, commercial tendencies)

Personal Information does not include (a) publicly available information; (b) aggregate information, meaning data we collect about your use of the Website or about a group or category of services or users from which individual identities or other Personal Information has been removed; or (c) deidentified information that cannot be easily linked back to the individual.

Lawful Basis. We will only collect your Personal Information (a) when applicable, with your consent; or (b) if we have a legitimate interest in doing so. We only collect Personal Information about children with consent from a parent or guardian, as discussed in more detail below.

How We Collect Your Personal Information. We collect Personal Information directly from you, from third parties, and automatically from your use of the Site. The types of Personal Information we collect about you and the manner of collection depends on how you interact with KinderCare, including the services, offers, and portions of our Site that you use. More specifically, we collect Personal Information:

When you communicate with us, with consent.  We collect Personal Information directly from you with your consent when you contact KinderCare online, in person, or via telephone or mail, participate in one of our surveys, take a tour, or submit an inquiry at one of our locations, including:

 

  • Identifiers. We collect contact information, including your name, phone number, email address and marital status in order to communicate with you about our services, share schedules, menus, and other news, and to personalize those communications to you and your child.
  • User Generated Material. Some features of our Site permit you to post comments, photos, or other content, subject to our Terms of Use . It is your decision whether to use these features, and any Personal Information or other content you post is provided by you voluntarily.

When you fill out a KinderCare form, submit an enrollment agreement, we will collect Personal Information about you and your child directly from you with your consent, including:

  • Identifiers; Employment-Related Information. We collect contact information and other identifiers, including emergency contact and release information for your child, your driver’s license and other state identification numbers, as well as your current employment information.
  • Subsidy Status. We may collect Personal Information about you or your child via state subsidy forms to determine eligibility for a state subsidy or discount program. We do not collect financial information in this manner.

About your child directly from you, with consent. KinderCare must collect certain Personal Information about your child in order to provide you with the childcare services you request, including:

  • Identifiers. We collect your child’s name, age and date of birth, gender.

Kids R Us only collects Personal Information about children with consent from the child’s parent or guardian. Please note that some of the Personal Information we collect about children is essential to providing a safe and healthy environment for the children in our care. As such, if you refuse to provide us with certain Personal Information about your child, or later withdraw your consent for Kids R Us to use certain Personal Information about your child, Kids R Us may not be able to provide you with childcare services.

From third parties, with a legitimate interest. Depending on your circumstances, Kids R Us may receive Personal Information about you from certain third parties. We collect this information to achieve our legitimate interest of making our services available to a broad array of customers. For example, we may receive Personal Information from:

  • Your Employer. If you are offered Kids R Us services through your employer, we may receive employment-related information on your eligibility to use the services as well as identifiers like your contact information.
  • Government Agencies. If you are eligible for a childcare subsidy, we may receive Personal Information from government agencies related to your eligibility or reporting information.
  • Marketing Companies. From time to time we may work with marketing companies that provide us with contact information for individuals who have consented to receive marketing materials. You have the right to opt out of these communications  at any time.

Automatically from your use of the Site, with a legitimate interest. We use website analytics and other technologies to collect internet or other similar network activity, including Personal Information and anonymous data, from your use of the Site. We collect this information to achieve our legitimate interest of maintaining and improving the Site and our services. The information we collect in this manner may include:

  • Log Files. We use log files to automatically collect certain Personal Information including your Internet Protocol address, as well as anonymous technical information including data about your computer or other device, the type of browser or operating system your device uses, the programs, services, and version of software you use, and the address of any linking websites when you request a web page while visiting the Site.
  • Cookies. Like most commercial websites, we use cookies to track use of our Site. Please read our Cookie Notice  for more information about how we use cookies.

We may combine this information with the Personal Information you provide to us or merge it into aggregate information about Site visitors and traffic to analyze preferences, trends, and statistics.

How We Use Your Personal Information. We use your Personal Information for the purposes described at the time of collection and for other purposes with your consent and as permitted by law. Depending on your interactions with Kids R Us, we may use your Personal Information:

To provide you with Kids R Us services. We use your Personal Information to provide you with the Kids R Us services you have requested. As part of providing such services, we may use this Personal Information to:

  • Effectively communicate with you.
  • Ensure that your child is receiving safe and appropriate care.
  • Edminister first aid and other medical care as necessary.
  • Comply with licensing regulations and other legal requirements.
  • Fulfill any other purpose for which you provide your information or provide your consent.

Text messages. By providing us with your wireless phone number, you consent to Kids R Us sending you informational text messages related to your childcare services. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges. Kids R Us does not send marketing communications by text message or engage in telemarketing activities.

For our direct marketing efforts. We may also use your Personal Information to communicate with you about our services that may be of interest to you in order to achieve our legitimate interest of direct marketing. As part of our direct marketing efforts, we may:

• Respond to inquiries we receive from you.
• Send you promotional messages, advertising, surveys, and other information that may be of interest to you.
• Provide you with other information from and about Kids R Us or a business or organization with which we are associated.
Our direct marketing activities are based on your stated preferences or our profiling of your characteristics and preferences based on your interactions with the Site and information obtained from third parties. Kids R Us will only contact you in ways compatible with your communication choices .

To create and maintain a trusted and safe childcare environment.  Kids R Us has a legitimate interest in creating and maintaining a trusted and safe childcare environment for its customers, their children, and Kids R Us employees. To that end, Kids R Us may use your Personal Information to:

  • Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
  • Conduct security investigations and risk assessments.
  • Comply with Kids R Us’s legal obligations and licensing requirements.
  • Protect your privacy, enforce this Privacy Notice, and Kids R Us’s other policies.
  • If we believe it is necessary, identify, contact or bring legal action against persons or entities who may be causing injury to you, to Kids R Us, or to others.
To maintain and improve the security and functionality of the Site. We may process the Personal Information we collect automatically from your use of the Site to achieve our legitimate interest of maintaining and improving the security and functionality of the Site. We use this Personal Information to:
  • Personalize your user experience on the Site.
  • Ensure that our web pages appear and function properly.
  • Determine which website referred you to our Site.
  • Improve the Site, programs, products, services, and content.
  • Improve the performance of our advertising on other websites.
  • Send you service or support messages, updates, security alerts, and account notifications.

For other purposes as permitted by law. In addition to the specific uses and purposes described above, we might use information that we collect about you, including Personal Information, to:

  • Notify you about changes to the Site.
  • protect our rights and property.
  • Comply with a law, regulation, legal process or court order.
  • Fulfill any other purpose with your consent.

This Site Is Not For Children. This Site is designed for use by adults, not children. Kids R Us does not knowingly collect Personal Information from children under the age of 16 who may visit our Site, and we do not want to include any Personal Information about children in our databases without first obtaining parental consent. If you are under 16, do not use or provide any information on this Site or on or through any of its features, register on the Site, or provide any Personal Information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information from a child under 16 without verified parent or guardian consent, we will delete that information. If you believe we might have any information from or about a child under 16, or if you become aware of any unauthorized submission of information to KinderCare, including children’s information, please contact Kids R Us at mykidsrus@hotmail.com or call at (305) 246-0624/ (305) 968-1652/(305) 312-4434/(305) 246-0111.

Security. Kids R Us employs commercially appropriate and reasonable safeguards both online and offline to maintain the security, confidentiality, and integrity of Personal Information that we collect about you. Kids R Us maintains internal policies to govern the collection, processing and handling of data, and restricts access to data to those employees who require such access to perform their job functions. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures.
Data Security. We use encryption to protect information online, and the servers that store your Personal Information are housed in a secure environment. We update and test our technology to improve the protection of our information about you and to assure the integrity of that information. Even so, no security measure is 100% perfect. We cannot guarantee the security of your information and do not assume any responsibility for the unauthorized use or access to your information under our control.
When you to register with us, you will have an account name and password, and we will issue a unique account number to you. You will also register a sign-in/out code in connection with the enrollment of your child at our affiliated childcare centers. We will never ask you for your password. The safety and security of your Personal Information also depends on you, and you are responsible for keeping your password confidential. Also, remember to log off your account and close your browser window when you have finished your visit.
Disclosure. Vendors that provide us with various services (collectively, “Service Providers”) may have access to your Personal Information while they are performing their contractual obligations. We prohibit our Service Providers from selling or disclosing the Personal Information we provide, and we require all Service Providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information.

Kids R Us does not sell Personal Information to third parties. However, from time to time, we may disclose Personal Information to third parties, in particular childcare center regulators or medical providers, for our bona fide business purposes. In addition, we may disclose Personal Information to third parties:

  • If we have your consent to share the information.
  • In an anonymized, deidentified or aggregated state.
  • To detect, prevent, or address fraud, security, or technical issues.
  • If we are required by federal, state, or local law to disclose the information or if we have a good faith belief that disclosure is necessary to comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
  • To exercise or defend our legal claims.
  • in the event that we go through a business transition, such as a merger, acquisition by another company, or sale of a portion of our assets—any Personal Information you provide us may be a part of the assets transferred.

Kids R Us reserves the right to disclose aggregated information about our Site visitors and information that does not identify any individual, without restriction.

Behavioral Advertising. We allow some Service Providers to assist us with behavioral advertising by collecting and analyzing certain information when you visit our Site (e.g., click stream information, browser type, time and date, subject clicked or scrolled over). These Service Providers typically use a cookie or third-party web beacon to collect this information.
Controlling Your Personal Information.  Kids R Us provides you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. In accordance with applicable law, your options to control your Personal Information may include:
  • Correcting, updating, and deleting the Personal Information in your account.
  • Changing the services in which you have enrolled.
  • Changing your preferences for how and what about we communicate with you.
  • Choosing whether to receive marketing communications from us, including promotions, surveys, and information about products and services that may be of interest to you.
  • How the cookies  we use interact with your browser.
  • Resetting your device’s advertising identifier and/or opting out of interest-based ads.
  • Requesting access to the Personal Information we hold about you and requesting that we amend or delete it.

At any time, you may exercise any of these controls and choices, express concerns, lodge a complaint, or obtain additional information about the use of your Personal Information by contacting KinderCare at mykidsrus@hotmail.com or call at (305) 246-0624/ (305) 968-1652/(305) 312-4434/(305) 246-0111.

You may also click the designated link at the bottom of any email you receive from Kids R Us to be removed from future email updates. We may take up to five days to fulfill any requests to remove or update your contact information. Please note that, even if you have opted out of receiving marketing communications from us, we may need to contact you to address questions or issues specific to the services you have requested.
Notice to Florida Residents. Please read our Florida Privacy Notice  to learn more about the privacy rights available to Florida residents.
Do Not Track Signals. Do Not Track is a privacy preference that users can set in their web browsers.  When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time KinderCare’s Site and applications do not respond to a Do Not Track signal in the HTTP header from your browser. For information about Do Not Track, visit www.allaboutdnt.org.
Social Networking. If you access our Site from social networking websites (e.g., Facebook or Instagram), or if you otherwise agree to associate your account with us with a social networking website, we may also receive Personal Information about you from such social networking website.  Our receipt of your Personal Information via a social networking website is governed by the terms of use and privacy policy of that website. We may retain this information with the information we collect from you directly.  Our Site may include buttons that link to social network websites. Your use of these social networks is entirely optional and subject to the privacy policy and terms of use of the social networking website you choose to use.
Third Party Websites. This Privacy Notice applies only to information collected by Kids R Us. We may provide from our Site links to third-party websites as a service to our Site visitors, but we have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites. When you click on links that take you to external websites, you will be subject to their privacy notices and practices and not ours. We encourage you to review and understand the privacy notices of such websites before providing them with any information.
Terms of Use.  KinderCare’s Terms of Use  govern all matters not set forth in this Privacy Notice. We encourage you to familiarize yourself with our Terms of Use.
Changes to this Notice.  Kinds R Us reserves the right to modify this Privacy Notice at any time by updating this posting without notice. All changes are effective immediately when posted and apply to all access to and use of the Site. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.
For More Information. Please let us know if you have any questions or comments regarding this Privacy Notice or if you wish to exercise any of your rights over your Personal Information. You can contact us at mykidsrus@hotmail.com or call at (305) 246-0624/ (305) 968-1652/(305) 312-4434/(305) 246-0111.
Non-Discriminational Privacy Policy
At Kids R Us Education, we believe every child is a unique individual with varying needs, and we welcome the diversity that brings to our centers.  All children deserve to be full members of their communities, to have the opportunity to learn and grow, and to experience a sense of belonging.  Talk with the Center Director about your child’s strengths and ways your child may need additional support before you enroll.  If you have information or documentation about your child’s needs, just let us know.  Having it helps us provide the best possible care.  Together, we will do our best to find positive solutions that support your child’s safety, happiness, and health.
If you have any questions or concerns regarding the enrollment or care of your child, please contact your Center Director or Customer Care at (305) 246-0624.

For more information, or to request modifications, the Inclusion Services team can be reached through your Center or Site Director or through our Family Support Team. Our Family Support Team can be reached during Monday-Friday 6:00 AM – 5:00 PM PST at (305) 968-1652.

USDA Nondiscrimination (English)

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits.  Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339.  Additionally, program information may be made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

 

(1) mail: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov.

USDA Nondiscrimination (Spanish)

De conformidad con la Ley Federal de Derechos Civiles y los reglamentos y políticas de derechos civiles del Departamento de Agricultura de los EE. UU. (USDA, por sus siglas en inglés), se prohíbe que el USDA, sus agencias, oficinas, empleados e instituciones que participan o administran programas del USDA discriminen sobre la base de raza, color, nacionalidad, sexo, discapacidad, edad, o en represalia o venganza por actividades previas de derechos civiles en algún programa o actividad realizados o financiados por el USDA.

Las personas con discapacidades que necesiten medios alternativos para la comunicación de la información del programa (por ejemplo, sistema Braille, letras grandes, cintas de audio, lenguaje de señas americano, etc.), deben ponerse en contacto con la agencia (estatal o local) en la que solicitaron los beneficios. Las personas sordas, con dificultades de audición o discapacidades del habla pueden comunicarse con el USDA por medio del Federal Relay Service [Servicio Federal de Retransmisión] al (800) 877-8339. Además, la información del programa se puede proporcionar en otros idiomas.

Para presentar una denuncia de discriminación, complete el Formulario de Denuncia de Discriminación del Programa del USDA, (AD-3027) que está disponible en línea en: http://www.ascr.usda.gov/complaint_filing_cust.html y en cualquier oficina del USDA, o bien escriba una carta dirigida al USDA e incluya en la carta toda la información solicitada en el formulario. Para solicitar una copia del formulario de denuncia, llame al (866) 632-9992. Haga llegar su formulario lleno o carta al USDA por:

(1) correo: U.S. Department of Agriculture

Office of the Assistant Secretary for Civil Rights

1400 Independence Avenue, SW

Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; o

(3) correo electrónico: program.intake@usda.gov.

Esta institución es un proveedor que ofrece igualdad de oportunidades.

Terms of Use
The below Terms of Use (“Terms”) are a binding contract between you and Kids R Us Education LLC. These Terms, together with our Privacy Notice , govern your use of our our websites, mobile applications, and services (collectively, the “Site”). Any terms we use in these Terms of Use without defining them have the definitions given to them in the Privacy Notice. Please note that additional, separate terms may apply to our services and programs.
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND KIDS R US.
Acceptance. To access, browse, or use our Site, you must agree to be unconditionally bound by these Terms. You can accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement, electronic form, or the user interface for any service we offer, or by actually using the Site. These Terms will remain in effect while you use the Site. If you do not agree and accept these Terms, you may not use the Site, and you should immediately cease all usage of this Site. You must be of legal age and capacity to form a binding contract in order to accept the Terms. If you have any questions, comments, or concerns regarding these Terms or the Site, please contact us at mykidsrus@hotmail.com or call at (305) 246-0624.
Consent to Do Business Online. By accessing our Site, typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (a) Kids R Us communicating with you electronically; (b) receiving all applications, notices, disclosures and authorizations (collectively, “Records”) from us electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, agreements, disclosures, authorizations and other documents necessary to provide you with the Site. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files (such as Adobe® Acrobat® Reader) to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Site and keep them for your own reference. If you require assistance with your Records or if you wish to receive records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at mykidsrus@hotmail.com . Agreements and transactions executed prior to this request will remain valid and enforceable.
Communications from KinderCare. We may use your contact information to communicate with you about your use of our Site. For example, we may send you service announcements or administrative communications by email, phone, mail, or other means. We may send you marketing communications by email or mail. You understand that you receive these communications as part of your use of the Site. As part of our policy to provide you total privacy, we also provide you the option to opt out from receiving marketing communications from Kids R Us. However, you will not be able to opt out from receiving service announcements and administrative messages.
Texting Consent. By providing us with your wireless phone number, you consent to Kids R Us sending you informational text messages related to the products, services, or information you have requested from us. You can unsubscribe from text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
Site Contents and Ownership. Unless otherwise expressly indicated, the information contained on this Site, including but not limited to all images, illustrations, designs, photographs, video clips, text, icons, designs, written information, and other materials that appear on the Site are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (collectively, the “Contents”) by Kids R Us or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions.  The names and logos for Kids R Us Education LLC, and any other entity over which Kids R Us Education LLC has control are registered marks of Kids R Us Education LLC.   Kids R Us and the other licensors of the marks on our Site reserve all rights with respect to all Contents.  The absence of a name or logo on the Site does not constitute a waiver of any intellectual property rights established in any of our Contents. The collection and compilation of the Contents are separately protected and copyrighted works owned exclusively by Kids R Us.
Reports. Kids R Us may, from time to time, deidentify the Personal Information (“Deidentified Information”) that we collect about you and combine it with others’ Deidentified Information in order to generate reports and studies. Kids R Us uses these reports and studies for internal purposes only. Any such reports or studies are the sole and exclusive property of Kids R Us. You hereby assign any rights you may have to such reports, studies, and your Deidentified Information contained therein to Kids R Us in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation. All Deidentified Information will be treated as nonconfidential and nonproprietary. Kids R Us shall be under no obligation of any kind with respect to such Deidentified Information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Reports to others without limitation. Additionally, Kids R Us may use any ideas, concepts, know-how, or techniques contained in generating reports or studies for any purpose whatsoever, including but not limited to developing, manufacturing, or marketing products incorporating such information.
Your Use of the Site. As a user of the Site, you have a revocable, nontransferable, nonexclusive license to access the Site, view information contained on the Site, and interact with the Site solely for your own personal use. You may not use the Site for any commercial purpose (other than for transacting business with Kids R Us) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Site or any portion of it (including the Content) or use it in any manner not expressly authorized by these Terms of Use. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Site. Tampering with the Site, conducting fraudulent activities on the Site and all other illegal activities are prohibited and may subject a user to legal action.
By using the Site and its features, you represent and warrant that (a) any information you submit to us is truthful and accurate; (b) you will maintain the accuracy of that information; and (c) your use of our Site and its features does not violate any applicable law, rule or regulation. Any information that you provide to us will also be subject to our Privacy Notice.
Kids R Us may grant third parties the right to “link” to the Site if the third party makes its request in writing.  All third parties that have been granted rights to “link” to the Site must use the URL linking mechanism supplied by Kids R Us. Any alteration, change, modification, adjustment or revision to a “link” must be approved by Kids R Us in writing prior to implementation.
User Generated Material. If and to the extent that the Site accepts user generated material, Site visitors may have the opportunity to publish, transmit, submit or otherwise post comments, photos, or other materials on the Site (“User Generated Material”) that may be accessible and viewable by the public or other Site visitors. With respect to any User Generated Material posted by you, you represent that (i) you created and own the rights to the content, or you have the owner’s express permission to post such content; and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies. Additionally, User Generated Material must not:
  • contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
  • violate Kids R Us’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act;
  • create or threaten harm to any person or loss or damage to property;
  • include others’ Personal Information, such as their address, phone number, email address, social security number, financial information, or any other information that may be used to track, contact, or impersonate that individual;
  • infringe any patent, trademark, trade secret, copyright, contract, or other intellectual property or other proprietary rights of KinderCare or any other person;
  • seek to harm or exploit children by exposing them to inappropriate content, asking for Personal Information or otherwise;
  • misrepresent your identity or affiliation with any person or organization, including KinderCare;
  • seek to collect others’ email addresses, usernames, or passwords by any means for any purpose;
  • seek to transmit chain letters, bulk or junk email, whether automated or not, or to interfere with, disrupt or create an undue burden on KinderCare or the networks or services connected to the Site, or to install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties;
  • relate to commercial activities such as contests, sweepstakes, or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
  • be otherwise objectionable or nonfamily-friendly as determined by KinderCare at our sole discretion.
Please choose carefully the information that you post on the Site and that you give to other users. We discourage you from publicly posting information that identifies you or allows strangers to find you or to steal your identity. You are solely responsible for your User Generated Material and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the Site, and, to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Site and from any claims related to the conduct of any other users.
We may refuse, alter, or remove User Generated Material without notice for any reason at our sole discretion, including our belief that the User Generated Material may violate these Terms or is otherwise objectionable. We do not endorse any User Generated Material, and the User Generated Material posted does not reflect our opinions, views or advice. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third party posts or sends on or through the Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
We reserve the right but have no obligation to monitor, review, screen, post, remove, reject, modify or store User Generated Material at any time and for any reason without notice. We also reserve the right to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Site and your interactions with other users.
Restrictions to Your Use of the Site. Accessing the Site does not authorize you to use any Contents in any manner other than specifically authorized by these Terms.  You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, photocopy, or reproduce any of the Contents without the prior written permission of Kids R Us or the applicable owner. You may only display, download, and print in hard copy format the Contents for the purposes of using the Site as an internal or personal business resource.  No trademark or service mark license is granted in connection with any of the Contents. You may not use our Contents for any purpose not expressly stated in these Terms of Use, including in any way that might confuse or that disparages us. Rights or a license to use any of our marks may only be granted in a formal written license agreement signed by one of our duly authorized officers. No other person or agent is authorized to grant any rights or to authorize the use of any of our marks. Any such attempted grant or related promise or guidance is invalid. The permissions described herein will terminate automatically if you breach any of these Terms of Use.  Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Kids R Us, is strictly prohibited.
Site Security. You are strictly prohibited from violating or trying to violate the security features of the Site, such as by:
  • accessing data not intended for you or logging onto a server or an account that you are not authorized to access.
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing.
  • attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing.”
  • sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available on this Site and other than the generally available third-party web browsers.
If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Links to Other Websites. Links to websites from the Site are provided solely for your convenience. Kids R Us is not responsible for the content of any other websites, nor do we make any representations about the content or accuracy of material on any other websites. Inclusion of any linked website on our Site does not imply KinderCare’s approval or endorsement of the website. If you click through to another website, you do so at your own risk. Please be aware that when you click on links that take you to external websites, you will be subject to their privacy policies and practices and not ours. We strongly encourage you to read their privacy notices. Any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the website’s owner or operator.
Disclaimer of Warranty. KIDS R US IS PROVIDING THIS SITE AND ITS CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS TO THE SITE OR ITS OPERATION OR CONTENT.  ALTHOUGH WE BELIEVE THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. KINDERCARE CANNOT GUARANTEE OUR SITE’S AVAILABILITY AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM YOUR USE OF OUR SITE.  WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE. YOU USE OUR SITE AT YOUR OWN RISK.
USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITE SHALL BE AT YOUR OWN DISCRETION AND RISK. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF OUR SITE, FROM THE CONDUCT OF ANY USERS (WHETHER ONLINE OR OFFLINE), OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF (OR INABILITY TO USE) OUR SITE. WE WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS INFORMATION THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM KINDERCARE, ITS OFFICERS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability. IN NO EVENT SHALL KIDS R US OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON RELATED TO OR ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.  THIS LIMITATION APPLIES TO ALL CLAIMS INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), NEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS.
Without limiting the foregoing provisions or the provisions of our Privacy Notice or any other agreement between you and Kids R Us, the limit on total cumulative liability owed by Kids R Us to you or any person for any claims arising form or relating to the Site shall be limited to a maximum of the amount you have paid Kids R Us for our services in the last 12 months.
Indemnification. YOU AGREE TO INDEMNIFY AND HOLD US, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, DUE OR RELATING TO OR ARISING OUT OF (I) YOUR USE OF OUR SITE IN VIOLATION OF OUR TERMS, (II) YOUR BREACH OF OUR TERMS, OR (III) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN OUR TERMS.
Privacy Notice. You acknowledge that you have read and understand our Privacy Notice .  You may review our Privacy Notice at any time by visiting our Site and clicking on the Privacy Notice link on each Site.
Terms of Use Revisions. Kids R Us reserves the right to revise these Terms of Use by updating this posting without prior notice.  If we revise these Terms of Use, we will notify you the next time you visit our website via a pop-up notification.  You agree that in the event any portion of these Terms of Use are found to be unenforceable, the remainder of these Terms of Use shall remain in full force and effect and the otherwise unenforceable portion shall be amended so as to be enforceable to the greatest extent permitted by law. You agree to be bound by any such revisions.  You are advised to periodically visit this page to determine the then current Terms of Use.
Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Site accounts in any way (by operation of law or otherwise) without prior written consent from Kids R Us. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Governing Law. Kids R Us controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Oregon. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
Class Action Waiver. YOU HEREBY WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST KIDS R US RELATED TO ANY CLAIM, DISPUTE OR CONTROVERSY, AND, WHERE APPLICABLE, YOU HEREBY AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST KIDS R US OTHERWISE COMMENCED.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.